********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Capstar Radio Operating Company ) File No. EB-07-PA-063
Owner of Antenna Structure )
ASR # 1026588 )
Whitehall, Pennsylvania ) NOV No. V20073240011 )
)
)
NOTICE OF VIOLATION
Released: May 1, 2007
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Capstar Radio Operating Company
("Capstar"), the owner of antenna structure 1026588 in Whitehall,
Pennsylvania.
2. On March 5, 2007, at 6:46 p.m., agents from the Commission's
Philadelphia Office inspected antenna structure 1026588 located at
1183 Mickley Road, Whitehall, Pennsylvania and observed the following
violations:
a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." During
the inspection, the agent observed that one of the two steady burning
red obstruction lights was extinguished at both the two-thirds level
and the one-third level of the antenna structure.
b. 47 C.F.R. S 17.47: "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part shall make an observation of
the antenna structure's lights at least once each 24 hours either
visually or by observing an automatic properly maintained indicator
designed to register any failure of such lights, to insure that all
such lights are functioning properly as required; or alternatively,
shall provide and properly maintain an automatic alarm system
designed to detect any failure of such lights and to provide
indication of such failure to the owner." Capstar failed to make
observations at least once each 24 hours of the steady burning red
obstruction lights at the two-thirds level and one-third level of
antenna structure 1026588. A Capstar representative reported that it
made daily observations, both visually and by observing an automatic
indicator, of only the flashing red obstruction lighting on the top
level of the antenna structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Capstar Radio Operating
Company must submit a written statement concerning this matter within
twenty (20) days of release of this Notice. The response must fully
explain each violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending corrective
action(s). The response must be complete in itself and signed by a
principal or officer of the tower owner. All replies and documentation
sent in response to this Notice should be marked with the File No. and
NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Capstar Radio Operating Company at its
address of record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Gene Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission